[pdf] Survey Findings. Effects of Legal Services Cuts and Welfare Reform on Battered Women (+)

Findings of a survey conducted by Ayuda, Inc., in which thirty state domestic violence coalitions were interviewed on the importance of legal services and welfare for battered women and their children. This research was submitted to Congress as part of the efforts to secure the Kennedy Amendments to Legal Services restrictions for battered immigrants and access to public benefits for VAWA self-petitioners in the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

[pdf] Expert Testimony Concerning Battering (September, 2000) (+)

This appendix from a training manual written by the American Bar Association’s Commission on Violence Against Women reviews research data and provide information about the dynamics of domestic violence in immigrant families on questions and issues that are relevant to fact finders who decide cases involving battered immigrant women. Attorneys and advocates representing battered immigrant women in VAWA cases are encouraged to include a copy of this material as supporting evidence in the VAWA case.

[pdf] Domestic Violence & Immigration: Applying the Immigrant Provisions of the Violence Against Women Act (Sept. 8, 2000) – ABA Manual (+)

This manual will provide you with the information you will need to (1) understand the issues that face immigrant victims of domestic violence; (2) help immigrant victims to prepare for VAWA immigration cases including the VAWA self-petition, the battered spouse waiver, VAWA cancellation of removal, applications for work authorization as a VAWA self-petitioner, and applications for lawful permanent residency; (3) includes instructions on how to prove battering or extreme cruelty, good faith marriage, good moral character and use VAWA’s any credible evidence rules. 4) is discusses protection orders, custody and economic relief for immigrant survivors, and 5) will help develop training sessions in your local community on the issues presented in this manual. The material presented in this manual is appropriate for both attorneys and advocates who work with immigrant victims of domestic violence.

[pdf] New Dangers for Battered Immigrants: The Untold Effects When Immigrant Victims Have to Leave the U.S. to Obtain Lawful Permanent Residency as VAWA Self-Petitioners (+)

The stories recounted in this volume document the experiences of battered immigrants from around the country. In all of these cases, battered immigrants either filed or are in the process of filing self-petitions. Once the battered immigrant’s self-petition is approved the victim may apply for lawful permanent residency. The purpose of this compilation has been to highlight the potential hardships and dangers that battered immigrants face if they would be required to leave the United States and travel abroad to receive lawful permanent residency based upon their approved VAWA self-petition. Historically, battered immigrants abused by their U.S. citizen or lawful permanent resident spouses or parents have been generally able to attain lawful permanent residency while continuing to reside in the United States. The stories collected here were used to secure amendments in VAWA 2000 that together with DHS policies allow immigrant victims to obtain lawful permanent residency without being required to leave the United States.

[pdf] Overcoming Cultural Barriers in Working With Immigrant Battered Women (+)

Describes cultural barriers battered immigrants face when seeking help from advocates and attorneys and tips for using open-ended questions and good listening skills. By creating an environment in which each battered immigrant feels safe to describe their needs, concerns and fears from withing the victim’s own cultural context advocates and attorneys can use an approach that will be effective in serving immigrant victims from varying cultures, immigration statuses and linguistic backgrounds.

[pdf] Comments to LSC Interim Rule on Battered Immigrant Access to LSC Funded Representation (+)

Ayuda’s public comments on interim final Legal Services Corporation’s (“LSC”) regulations on the “Kennedy Amendment,” on the definition of battery and extreme cruelty, and the definition of directly related legal assistance. These comments applaud the interim regulations recognition regarding the importance of confidentiality when working with victims of family violence. The comments also highlight gaps in the underlying legislation that need to be addressed by future legislation.

[pdf] Comments to LSC Interim Rule on Restrictions on Legal Assistance to Immigrants (+)

Ayuda’s comments on interim Legal Services Corporation (“LSC”) regulations implementing the Kennedy Amendment in the Appropriations Bill of Fiscal Year 1997, which allows LSC to provide assistance to immigrant victims of domestic violence using non-LSC funds in matters “directly related” to prevent, or obtain relief from, battery or extreme cruelty. The comments provide a detailed discussion of the types of legal assistance that should be considered “directly related” to the abuse in the final regulation.

[pdf] Potential Legal Liability for Health Professionals for Actions for Inactions in Domestic Violence Cases (+)

If an injured victim of domestic violence is treated by a physician or nurse who does not inquire about abuse or who accepts an unlikely explanation of the injuries, and the patient then returns to the abusive situation and sustains further injuries, the physician or nurse could conceivably be held liable for those subsequent injuries. This reading is about the potential legal liabilities for health professionals working with patients in domestic violence cases.